Web Store Sales Terms
ALL PURCHASES FROM THE WEB STORE AT BISTROMD.COM ARE SUBJECT TO THESE SALES TERMS. IF YOU DO NOT AGREE TO ANY OF THESE TERMS, WE WILL NOT BE ABLE TO ACCEPT YOUR ORDER. THE WEB STORE IS OPERATED BY BISTROMD, LLC (“MERCHANT”).
Products. Product availability, product descriptions and product prices are subject to change by Merchant at any time without prior notice. Some product descriptions and product images are provided to Merchant by its vendors. Merchant does not independently verify the accuracy of such product descriptions. Merchant makes commercially reasonable efforts to keep product information current, but some information may be out of date from time to time. Certain weights, measures and similar descriptions are approximate and are provided for convenience only. All books are sold for personal use and may not be copied for further distribution or sale. Videos are sold for private, home use only. Public performance of videos is not permitted, whether or not an admission fee is charged.
Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Also, consult your physician or other qualified health provider before beginning any dietary program. You assume all risks arising from your use of any dietary program or instructions provided through the Website, including purchase from the Web Store.
Order Acceptance and Shipping. All orders submitted through the Web Store are subject to acceptance by Merchant at its location. Merchant may issue an electronic confirmation of order receipt. Confirmation of order receipt does not constitute acceptance by Merchant. Merchant may accept an order in a written acceptance or by processing payment for or fulfilling the order. Products will be shipped only to locations in the United States. Merchant reserves the right not to ship to post office boxes; we may require a street address for shipping. Neither Merchant nor any vendor will be responsible for fulfilling orders that cannot be shipped because of incomplete or inaccurate billing or shipping information.
Price and Payment. Product prices are subject to change from time to time by Merchant without prior notice. The price charged by Merchant for any product will be the price listed for such product in the Web Store catalog at the time an order is submitted to Merchant. Product prices do not include shipping and handling fees or sales taxes. Merchant will add shipping and handling charges to your order. If Merchant is required to collect sales tax from you, Merchant will also add sales tax to your order. Orders must include current, valid credit card information. By submitting an order to purchase products through the Web Store, you authorize Merchant to charge to the credit card identified in your order the price for all products purchased in the order, plus all applicable shipping and handling charges and taxes.
Disclaimer. OTHER THAN EXPRESS WARRANTIES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MERCHANT DISCLAIMS ALL PRODUCT-RELATED WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MERCHANT DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF ANY PRODUCT DESCRIPTION OR OTHER INFORMATION PROVIDED IN THE WEB STORE. MERCHANT DISCLAIMS ALL LIABILITY FOR PRODUCT DEFECTS, PRODUCT MISUSE OR ABUSE, IMPROPER PRODUCT SELECTION OR NON-COMPLIANCE OF ANY PRODUCT WITH APPLICABLE LAWS OR REGULATIONS. THIS DISCLAIMER SHALL BE LIMITED TO THE EXTENT (IF ANY) THAT IT IS PROHIBITED BY APPLICABLE LAW.
Refund Policy – Exclusive Remedy. If you are dissatisfied with any product you purchase through the Web Store, you may notify Merchant within thirty (30) days after the product is shipped to you and request a refund. Merchant reserves the right to require that you return the product to Merchant as a condition of refunding the purchase price. Refunds will be made to the credit card account to which the purchase was charged. Merchant’s sole liability, and your exclusive remedy, for any claim you may have in connection with a product purchased through the Web Store is a refund of the applicable purchase price. Notices regarding any product claims and requests for refund must be sent to Merchant in writing by e-mail. Notices will be effective when received by Merchant.
Limitation of Liability. The liability of Merchant and its owners, officers, employees, agents, successors or assigns (the “Merchant Parties”) to any purchaser or any other person for any claim arising in connection with a purchase through the Web Store shall be limited to actual damages in an amount not to exceed the purchase price paid to Merchant for the product or transaction from which the claim arises or to which it relates. In no event shall any of the Merchant Parties be liable to any purchaser or to any person claiming by, through, under or on behalf of purchaser, for any indirect, special, punitive, incidental or consequential damages regardless of the legal theory on which such damages are claimed and whether or not any of the Merchant Parties were advised of the possibility of such damages.
Modification. These Web Store Sales Terms may be modified from time to time by Merchant without prior notice.
Governing Law. Merchant is located in Florida, and all orders are submitted to and subject to acceptance by Merchant at its location. All use of, and purchases made through, the Web Store shall be governed by the laws of the State of Florida without regard to any rule that would require the law of any other jurisdiction to be applied. Any legal or equitable action with respect to the Web Store or any purchase made through the Web Store shall be brought only in a federal or state court located in Collier or Lee County, Florida. To the fullest extent permitted by applicable law, no action brought by any individual with respect to the Web Store or any purchase made through the Web Store shall be joined with an action involving any other person who may assert similar claims with respect to the Web Store or any other purchase made through the Web Store.
Limitation on Claims. Any claim or action that any party may have arising from or related to use of the Web Store or any purchase made through the Web Store must be filed within one (1) year after the claim or cause of action arises. Any claim or action not filed within such time will be forever barred.